It shall be the policy of the City to authorize use of the rights-of-way
in a manner that minimizes interference to the public use and minimizes
the burden on the rights-of-way physically and aesthetically to the
full extent permitted by law. Any use of the rights-of-way by any
person shall be subject to the terms and conditions hereof, in addition
to all applicable Federal, State or local requirements, and nothing
herein shall be enforced or interpreted to contravene any superseding
law, including but not limited to Section 67.1830 RSMo., et seq.,
to the extent applicable to any given circumstance.

The right granted to a person to use the rights-of-way is limited
to the use that the person has filed with the City and approved in
accordance with this Chapter. These rights shall grant non-exclusive
use only to that person except where otherwise provided herein or
when expressly authorized by the City.

The following definitions shall apply to this Section, except
that where the definitions set forth in § 67.1830 RSMo.,
(Supp. 2001), as may be amended, are required by law to apply to specific
uses of the rights-of-way, such definitions shall apply to such circumstances.

The City of Plattsburg Technical specifications and Design
Criteria for public improvement Projects on file with the Deputy City
Clerk as of the date of this Chapter, and incorporated herein, and
as may be amended from time to time by the authority of the City Administrator
establishing such specifications and procedures consistent with the
requirements and purposes of this Chapter.

Any easement for utilities, access, or other use dedicated
to the City or in the name of the City irrespective of whether the
easement is held in trust by the City for private and public users
and regardless of whether private utilities or others in addition
to or other than the City are actually using the easements.

A person providing service within the City that does not
have its own facilities in the rights-of-way, but instead uses the
rights-of-way by interconnecting with or using the network elements
of another ROW-user utilizing the rights-of-way, and/or by leasing
excess capacity from a facility based service provider.

The area on, below or above a public roadway, highway, street
or alleyway in which the City has an ownership interest, and including
such adjacent area of such public ways within such ownership interest
as made available by the City for rights-of-way use herein, but not
including:

Poles, pipes, cables, conduits, wires, optical cables, or other
means of transmission, collection or exchange of communications, information,
substances, data, or electronic or electrical current or impulses
utilized by a utility owned or operated by a Governmental Entity pursuant
to Chapter 91, RSMo., or pursuant to a charter form of government.

Such persons and entities maintaining, constructing or installing
facilities in the public rights-of-way of the City unless otherwise
expressly exempted by law. The term shall not include the City; provided
that the City shall nevertheless comply with all such requirements
applicable to ROW-users to the extent such compliance is otherwise
required by State or Federal law.

Removal, replacement or alteration to any safety feature or requirement within the rights-of-way, including but not limited to removal of manhole covers, altering lighting, traffic signage or signals, placement or removal of traffic barricades, etc. Work shall not include routine or other maintenance on poles, boxes, or other facilities that does not result in one or more of the circumstances described in Subsections (1) through (4) herein.

The City Administrator is the principal City official responsible
for administration of rights-of-way permits for work and excavations
made in the rights-of-way. The City Administrator may delegate any
or all of the duties hereunder.

Agreement Or Franchise Required. Except when otherwise
authorized by applicable law, no ROW-user may construct, maintain,
own, control, or use facilities in the rights-of-way without a franchise
or ROW agreement with the City as provided herein. All such franchises
and agreements shall be approved by ordinance of the Governing Body
on a non-discriminatory basis provided that the applicant is in compliance
with all applicable requirements. Such franchises and agreements shall
be deemed to incorporate the terms of this Chapter and other applicable
laws of the City, except as may be expressly stated in such agreements
and franchises. Reseller service providers shall not be required to
obtain a franchise or agreement but shall be required to register
with the City prior to providing service on forms provided by the
City.

Franchise. A franchise agreement shall be required
from the City in conformance with all applicable franchise procedures
for any ROW-user seeking to use the rights-of-way for purposes of
providing or distribution of electricity, gas, water, lighting, telephone,
telecommunication, or sewer public utility service in the City, except
where otherwise provided by law. Such franchise may be granted only
after satisfaction of all applicable procedural or substantive requirements
established by charter or other law.

Incidental uses. Incidental uses of the public
rights-of-way may be permitted without a franchise or ROW agreement
pursuant to a rights-of-way permit issued by the City Administrator.
The City Administrator may establish such application, requirements
and conditions applicable to such uses consistent with the purposes
of this Chapter or as otherwise established by law.

Franchises And Agreements Non-Exclusive. The authority
granted by the City in any agreement or franchise shall be for non-exclusive
use of the rights-of-way. The City specifically reserves the right
to grant, at any time, such additional agreements or other rights
to use the rights-of-way for any purpose and to any other person,
including itself, as it deems appropriate, subject to all applicable
law. The granting of an agreement or franchise shall not be deemed
to create any property interest of any kind in favor of the ROW-user.

Lease Required For Public Lands. Unless otherwise
provided, use or installation of any facilities in, on or over public
lands of the City not constituting rights-of-way shall be permitted
only if a lease agreement or other separate written approval has been
negotiated and approved by the City with such reasonable terms and
conditions as the City may require.

Transferability. Except as provided in this Chapter
or as otherwise required by law, no franchise, agreement or permit
may be transferred without the written application to and consent
of the City based on the requirements and policies of this Chapter.
The City shall not unreasonably withhold its consent to transfer as
provided herein but any costs incurred shall be paid by the applicant.

Application. An application for franchise or
ROW agreement shall be presented to the City Administrator, in writing,
and shall include all such information as is required by this Section.
The ROW-user shall be responsible for accurately maintaining the information
in the application during the term of any franchise or agreement and
shall be responsible for all costs incurred by the City due to the
failure to provide or maintain as accurate any application information
required herein.

Application fee. An application fee of one
hundred dollars ($100.00) for review, documentation and approval of
such agreement or franchise to recover any actual costs anticipated
and incurred by the City in reviewing, documenting, or negotiating
such agreement or franchise, including reasonable legal fees, provided
that no costs, if any, of litigation or interpretation of Section
67.1830 or 67.1832, RSMo., shall be included if such inclusion is
prohibited by law as to that applicant. If the actual costs are thereafter
determined to be less than the application fee, such amount shall
be returned to the applicant after written request therefrom; if the
actual costs reasonably exceed the application fee, applicant shall,
after written notice from the City, pay such additional amount prior
to issuance by the City of any final approval. Nothing herein shall
be construed to prohibit the City from also charging reasonable compensation
for use of the public rights-of-way where such a fee is not contrary
to applicable law.

Application form. A ROW-user shall submit a
completed application for franchise or ROW agreement on such form
provided by the City, which shall include information necessary to
determine compliance with this Chapter.

Approval process. After submission by the ROW-user
of a duly executed and completed application and application fee,
and executed franchise or ROW agreement as may be provided by the
City Administrator, or as modified by the City Administrator, in review
of the specific circumstances of the application, all in conformity
with the requirements of this Chapter and all applicable law, the
City Administrator shall submit such franchise or agreement to the
Board of Aldermen for approval. Upon determining compliance with this
Chapter, the Board of Aldermen shall authorize execution of the franchise
or agreement (or a modified agreement otherwise acceptable to the
City consistent with the purposes of this Chapter), and such executed
franchise or agreement shall constitute consent to use the public
rights-of-way; provided that nothing herein shall preclude the rejection
or modification of any executed franchise or agreement submitted to
the City to the extent such applicable law does not prohibit such
rejection or modification, including where necessary to reasonably
and in a uniform or non-discriminatory manner reflect the distinct
engineering, construction, operation, maintenance, public work or
safety requirements applicable to the applicant.

No person shall make an excavation or perform work within the rights-of-way
without first obtaining a rights-of-way permit from the City Administrator,
provided, that in case of emergency which requires immediate attention
to remedy defects, in order to prevent loss or damage to persons or
property, it shall be sufficient that the person making such excavation
or performing work in streets, alleys or sidewalks obtain a permit
as soon as possible and may proceed without a permit when such permit
cannot be obtained before starting such excavation or work. The person
securing a permit to make an excavation or perform work in any street,
alley or sidewalk is hereby deemed to be the person, or his or her
legal representative, making such excavation or performing such work.
All rights-of-way permits shall expire after sixty (60) days from
the date of issuance.

All persons shall be subject to all rules, regulations, policies,
resolutions, and ordinances now or hereafter adopted or promulgated
by the City in the reasonable exercise of its police power and are
subject to all applicable laws, order, rules and regulations adopted
by governmental entities now or hereafter having jurisdiction. In
addition, the persons shall be subject to all technical specifications,
design criteria, policies, resolutions and ordinances now or hereafter
adopted or promulgated by the City in the reasonable exercise of its
police power relating to permits and fees, sidewalk and pavement cuts,
utility location, construction coordination, surface restoration,
and other requirements on the use of the rights-of-way. All persons
obtaining a permit shall provide the City Administrator certificates
of insurance showing proof of liability coverage for personal injury
and property damage, as required herein.

Any person found to be working without providing for required safety
and traffic control will be directed to stop work until the appropriate
measures are implemented in accordance with the current edition of
the Manual on Uniform Traffic Control Devices.

The City Administrator may impose reasonable conditions upon the
issuance of a rights-of-way permit and the performance of the ROW-user
in order to protect the public health, safety and welfare, to ensure
the structural integrity of the rights-of-way, to protect the property
and safety of other users of the rights-of-way, and to minimize the
disruption and inconvenience to the traveling public. Each rights-of-way
permit shall be deemed to incorporate the provisions of this Chapter
as permit conditions.

When a rights-of-way permit is requested for purposes of installing additional facilities and the performance and maintenance bonds for additional facilities is reasonably determined to be insufficient, the posting of an additional or larger performance or maintenance bond for the additional facilities may be required by the City Administrator, except as otherwise provided in Section 545.140 hereof.

A ROW-user shall perform all excavations or work in full accord with
any and all applicable engineering codes adopted or approved by the
City and in accordance with applicable statutes of the State of Missouri,
and the rules and regulations of the Commission or any other local,
State or Federal agency having jurisdiction over the parties. A ROW-user
shall perform all excavations or work in conformance with all applicable
codes and established rules and regulations and shall be responsible
for all excavations or work done in the rights-of-way pursuant to
its rights-of-way permit, regardless of by whom the excavation or
work is done. A ROW-user shall be responsible for all reasonable costs
borne by the City that are directly associated with ROW-user's
permit or use of the rights-of-way thereunder.

Except in cases of an emergency or with approval of the City Administrator,
no rights-of-way excavation or work may be done in violation of a
stop work order issued by the City Administrator if in his or her
determination conditions are unreasonable for such excavation or work
based on standard engineering and construction practices.

A ROW-user shall not disrupt rights-of-way such that the natural
free and clear passage of water through the gutters or other waterways
is interfered with. No person may park private vehicles within or
next to the work or excavation area, except for such areas which may
be designated and marked as safe areas for vehicle parking in accordance
with an approved traffic control plan.

If excavation or work is being done for the ROW-user by another person,
a subcontractor or otherwise, the ROW-user shall be responsible for
ensuring that the excavation or work of said person is performed consistent
with its rights-of-way permit and applicable law and shall be responsible
for promptly correcting acts or omissions by said person.

The City Administrator may establish in the rights-of-way permit
limitations on the amount of excavation or work which may occur at
one (1) time and the amount of rights-of-way which may be obstructed
during construction.

The ROW-user shall, in the performance of any excavation or work
required for the installation, repair, maintenance, relocation and/or
removal of any of its facilities, limit all excavations or work to
that necessary for efficient operation.

The ROW-user shall not permit excavation or work to remain open longer
than is necessary to complete the repair or installation, and in no
event may excavation or work remain open beyond the expiration of
the rights-of-way permit or any approved extension. Any excavations
left open overnight on any thoroughfare or collector-type street shall
be securely covered. Unless otherwise approved by the City Administrator,
in writing, all excavations shall be filled in or covered at the end
of each working day. The ROW-user assumes the sole responsibility
for maintaining proper barricades, plates, safety fencing and/or lights
as required from the time of opening of the excavation until the excavation
is surfaced and opened for travel.

Non-emergency excavation or work on arterial and collector streets
may not be performed during the hours of 7:00 A.M. to 8:30 A.M. and
4:00 P.M. to 6:00 P.M., in order to minimize disruption of traffic
flow. The ROW-user shall perform excavation or work on the rights-of-way
at such times that will allow the least interference with the normal
flow of traffic and the peace and quiet of the neighborhood, and shall
not work between the hours of 10:00 P.M. and 7:00 A.M.

Whenever there is an excavation or work by the ROW-user, the ROW-user
shall be responsible for providing adequate traffic control and signage
to the surrounding area as determined by City Administrator of the
City. In the event that the excavation or work is not completed in
a reasonable period of time, the ROW-user may be liable for actual
damages to the City for delay caused by the ROW-user pursuant to this
Chapter.

The City Administrator may limit the number of conduits or other
facilities that may be installed by each ROW-user based on the reasonable
needs to ensure that no one ROW-user may unreasonably consume a disproportionate
amount of the available rights-of-way to deter competition or deprive
the public or others of the reasonable use of the rights-of-way.

All underground mains, their service lines with ancillary appurtenances
thereto shall, wherever practicable, be placed between the curb or
pavement edge and sidewalk line in the section of the street known
as the parkway. Where the pavement and sidewalk occupy the entire
street, the underground utilities shall be located under the sidewalk.

Every person who obtains a rights-of-way permit and makes an excavation
within the rights-of-way shall guarantee for a period of four (4)
years the restoration of the rights-of-way in the area where such
person conducted an excavation and performed the restoration. Such
person shall guarantee the restoration of the rights-of-way against
sagging, buckling, deterioration, or other premature failures of the
restoration.

The City Administrator, upon the review and approval of a plan and
details for trimming trees in the rights-of-way, may grant permission
by permit to any person to trim trees upon and overhanging the rights-of-way
so as to prevent the branches of such trees from coming in contact
with facilities of a ROW-user. In the event the person severely disturbs
or damages any tree in the rights-of-way to the detriment of the health
and safety of the tree, the person will be required to remove and
replace a tree of like size at the person's cost. The location,
size, and species of any replacement tree shall be as approved by
the City Administrator, and unless the City Administrator approves
an equivalent monetary payment in lieu of replanting. In reviewing
any permit application, the City Administrator may require the Applicant
to directionally bore around or otherwise avoid disturbance to any
tree, existing facility, or other protected area in the rights-of-way.

Upon the approved request of any party having satisfied City procedure
and ordinances, a ROW-user shall remove, raise, or lower its facilities
temporarily to permit the moving of houses or other structures. Except
when required for a City project, the expense of such temporary removal,
raising or lowering shall be paid by the party requesting the same,
and the ROW-user may require such payment in advance. The ROW-user
must be given not less than fifteen (15) days written notice from
the party detailing the time and location of the moving operations,
and not less than twenty-four (24) hours advance notice from the party
advising of the actual operation.

All excavations and work shall be barricaded at the ROW-user's
expense in such a manner as to protect both pedestrians and vehicular
traffic. Such excavations, work and barricades shall be lighted at
night with danger signals in such a manner that all traffic may be
warned of the existence and location of such excavations, work and
barricades. All traffic control devices shall be in compliance with
the City technical specifications and the Manual of Traffic Control
Devices (MUTCD).

All signs shall respond to high level warning and low level guidance
devices around the excavated area. All surplus excavation or work
materials, tools or supplies at the site of the excavation or work
shall be barricaded and lighted at night in the manner described in
this Section. No open excavation may be left in the pavement area
without placing street plates over the opening. The placement of street
plates shall be in compliance with Section 720.170.

When an excavation has been made within the limits of any rights-of-way
and after the same has been properly backfilled the person making
the excavation shall notify the City Administrator that the same is
ready for final repair. The City Administrator or his or her duly
authorized agent shall immediately inspect the same, and if he or
she finds that such excavation has been properly backfilled, the person
shall complete the restoration of the surface of such rights-of-way,
all in accordance with the City specifications for street restoration.

On the parkways and the shoulder of unpaved streets, the person making
the excavation shall be responsible for the same for a period of four
(4) years. The judgment of the City Administrator or his authorized
agent as to when an excavation has been properly backfilled to permit
final repair shall be conclusive.

After inspection and acceptance of excavations by the City Administrator
the person holding the rights-of-way permit shall be responsible for
restoration of excavated surfaces. Immediately after any excavation
or work is completed and prior to expiration of the permit, the ROW-user
shall restore the rights-of-way in a manner complying with applicable
standards and specifications set forth in the City specifications.

Any person with a rights-of-way permit is authorized to use street
plate bridging (SPB) to cover open excavations, prior to backfill
and restoring the street surface suitable for public use, however,
no person shall place steel plate bridging over an open excavation
without first applying and obtaining a permit from the City Administrator.
Such street plate bridging permit shall be limited to thirty (30)
days, unless otherwise approved by the City Administrator.

The fee for obtaining a SPB permit shall be twenty-five dollars ($25.00).
For the first twenty-one (21) days there will be no additional daily
permit fee. A daily permit fee of fifty dollars ($50.00) shall be
imposed commencing on the 22nd day after the SPB permit issuance and
each day thereafter. If the SPB is placed prior to obtaining a permit,
the permit application fee shall be one hundred dollars ($100.00)
and the daily permit fee begins immediately and will be doubled; except
in cases where such placement was required by an emergency, in which
case the SPB permit must be applied for and obtained the next regular
working day after the SPB is placed.

Embedded SPB are required during the months of December through February,
except for concrete and brick paved streets where a rubber ramp is
required. Placement of SPB during December through February is only
allowed as authorized by the City Administrator.

The SPB shall be marked with the owner's name and telephone
number. No permit issued is assignable and no one may allow his name
to be used to obtain a permit for any other person. Enforcement powers
are hereby invested in the City Administrator.

Rights-of-way permits issued shall be made available by the
ROW-user at all times at the indicated work site and shall be available
for inspection by the City Administrator, other City employees and
the public.

The ROW-user, or any persons acting on the behalf of the ROW-user,
including contractors or subcontractors, has a history of non-compliance
or permitting non-compliance within the City. For purposes of this
Section, "history of non-compliance or permitting non-compliance within
the City" shall include the ROW-user, or any persons acting on the
behalf of the ROW-user, including contractors or subcontractors, that
has failed to return the public rights-of-way to its previous condition
under a previous rights-of-way permit.

The City has provided the ROW-user with a reasonable, competitively
neutral, and non-discriminatory justification for requiring an alternative
method for performing the excavation or work identified in the rights-of-way
permit application or a reasonable alternative route that will not
result in additional installation expense of more than ten percent
(10%) to the ROW-user or a declination of service quality.

The City determines that the denial is necessary to protect
the public health and safety, provided that the authority of the City
does not extend to those items under the jurisdiction of the public
service commission, such denial shall not interfere with a ROW-user's
right of eminent domain of private property, and such denials shall
only be imposed on a competitively neutral and non-discriminatory
basis. In determining whether denial of a rights-of-way permit application
is necessary to protect the public health and safety, the City Administrator
may consider one (1) or more of the following factors:

The extent to which the rights-of-way space where the rights-of-way
permit is sought is available, including the consideration of competing
demands for the particular space in the rights-of-way, or other general
conditions of the rights-of-way.

The degree and nature of disruption to surrounding communities
and businesses that will result from the use of that part of the rights-of-way,
including whether the issuance of a rights-of-way permit for the particular
dates and/or times requested would cause a conflict or interfere with
an exhibition, celebration, festival, or any other event.

The failure to comply with applicable City ordinances or any
other violation, unsafe conditions, or damage or threatened harm to
the rights-of-way or public that would constitute a lawful basis for
revocation of a permit.

Every person required to obtain a rights-of-way permit shall pay
a permit fee to the City in accordance with the fee schedule on file
with the City Administrator to reimburse the City for its actual costs
incurred and anticipated from the permit, inspections and applicant's
use of the rights-of-way, and including the City's rights-of-way
management costs and as may otherwise be permitted by law.

Any person making a street cut before obtaining a permit shall pay
double the normal permit fee, except for emergencies, in addition
to any other violation penalty as may be imposed under this Chapter.

Where an application is made for a rights-of-way permit for
a ROW-user to install or repair its facilities, the applicant shall
submit a map or plat of where the work is to take place. Such plat
or map shall be specific as to location and depth of the work, as
to street address or other location. For excavations or work involving
a street or curb, a traffic control plan shall be required and approved
by the City Administrator before beginning work.

Except as provided in this Section, each ROW-user shall provide,
at its sole expense, and maintain during the term of an agreement
or franchise, commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in
the State of Missouri, and unless otherwise approved by the City,
with a rating by Best of not less than "A," that shall protect the
ROW-user, the City, and the City's officials, officers, and employees
from claims which may arise from operations under an agreement or
franchise, whether such operations are by the ROW-user, its officers,
directors, employees and agents, or any subcontractors of the ROW-user.
This liability insurance shall include, but shall not be limited to,
protection against claims arising from bodily and personal injury
and damage to property, resulting from all ROW-user operations, products,
services or use of automobiles, or construction equipment. The amount
of insurance for single limit coverage applying to bodily and personal
injury and property damage shall be at least two million five hundred
thousand dollars ($2,500,000.00), but in no event less than the individual
and combined sovereign immunity limits established by Section 537.610,
RSMo., for political subdivisions; provided that nothing herein shall
be deemed to waive the City's sovereign immunity. An endorsement
shall be provided which states that the City is listed as an additional
insured and stating that the policy shall not be cancelled or materially
modified so as to be out of compliance with the requirements of this
Section, or not renewed without thirty (30) days' advance written
notice of such event being given to the City Administrator. If the
person is self-insured, it shall provide the City proof of compliance
regarding its ability to self-insure and proof of its ability to provide
coverage in the above amounts. The insurance requirements in this
Section or otherwise shall not apply to a ROW-user to the extent and
for such period during an agreement or franchise as ROW-user is exempted
from such requirements pursuant to Section 67.1830(6)(a), RSMo., and
has on file with the City Clerk an affidavit certifying that ROW-user
has twenty-five million dollars ($25,000,000.00) in net assets and
is otherwise therefore so exempted unless otherwise provided by agreement
or franchise. The City reserves the right to waive any and all requirements
under this Section when deemed to be in the public interest.

Except as otherwise may be required by law for ROW-users who have
on file with the Deputy City Clerk an affidavit certifying that the
ROW-user has twenty-five million dollars ($25,000,000.00) in net assets
and is otherwise therefore exempted, a person shall at all times during
the term of a rights-of-way permit, and for three (3) years thereafter,
maintain a performance and maintenance bond in a form approved by
the City Attorney. The amount of the bond will be five thousand dollars
($5,000.00) or the value of the restoration as determined by the City
Administrator, whichever is greater, for a term consistent with the
term of the permit plus three (3) additional years, conditioned upon
the person's faithful performance of the provisions, terms and
conditions conferred by this Chapter. Unless otherwise established
by the permit, an annual bond in an amount of five thousand dollars
($5,000.00) automatically renewed yearly during this period shall
satisfy the requirement of this Section. In the event the City shall
exercise its right to revoke the permit as granted herein, then the
City shall be entitled to recover under the terms of said bond the
full amount of any loss occasioned. A copy of the liability insurance
certificate and performance and maintenance bond must be on file with
the Deputy City Clerk.

A ROW-user shall promptly remove, relocate or adjust any facilities
located in the rights-of-way or in public easements as directed by
the City for a public improvement or as necessary to eliminate a threat
to public safety. Such removal, relocation or adjustment shall be
performed by the ROW-user at the ROW-user's sole expense without
expense to the City, its employees, agents, or authorized contractors
and shall be specifically subject to rules, regulations and schedules
of the City pertaining to such. The ROW-user shall proceed with the
removal, relocation, or adjustment of facilities with due diligence
upon notice by the City to begin removal, relocation, or adjustment.
Where the ROW-user facilities are located in whole or in part in private
easements, the ROW-user shall promptly relocate the facilities if
the City has agreed to compensate the ROW-user, through the condemnation,
purchase process, or other reasonable means for the cost of relocation
of the ROW-user's facilities.

The City shall provide the ROW-user with written notice of required
relocations or adjustments, the anticipated bid letting date if any
of the public improvement, and notice of the deadline for completion
of the relocations or adjustments. The ROW-user shall respond within
ten (10) days with any conflicts and a proposed construction schedule
for relocation to be completed in not more than sixty (60) days from
date of the notice to ROW-user, unless such other schedule is requested
and reasonably approved by the City Administrator. If facilities cannot
be fully relocated within the rights-of-way, the ROW-user shall be
responsible at its own cost to obtain alternative locations to timely
relocate its facilities.

If any facilities are not relocated in accordance with this Section,
the City or its contractors may relocate the facilities after notice
to the ROW-user. The ROW-user and its surety shall be liable to the
City for any and all costs incurred by the City. In the event the
ROW-user is required to move its facilities in accordance with this
Section, any ordinary rights-of-way permit fee shall be waived. Failure
to comply with the relocation schedule set by the City Administrator
shall also subject the ROW-user to penalties as provided for violation
of this Chapter.

The City retains the right to vacate any rights-of-way within
the City. The City may condition vacation of its rights-of-way on
granting and recording of an acceptable easement authorizing the City
to use the vacated area, or a portion thereof, for specific purposes
as may be deemed appropriate in the public interest. The City may
also condition such vacation on payment of any relocation costs that
may result from such vacation. In the event that the vacation of rights-of-way
requires relocation of facilities of a ROW-user, such user shall bear
all costs of relocation or removal of its facilities unless otherwise
provided by the party initiating the vacation. In no event shall the
City be obligated to pay for relocation costs due to a vacation of
right-of-way.

A person owning abandoned facilities in the rights-of-way must remove
its facilities and replace or restore any damage or disturbance caused
by the removal at its own expense. The City Administrator may allow
underground facilities or portions thereof to remain in place if the
City Administrator determines that it is in the best interest of public
safety to do so.

At such time, the City may take ownership and responsibility of such
vacated City that such person's obligations for its facilities
in the rights-of-way have been lawfully assumed by another authorized
entity; or submit to the City a proposal and instruments for transferring
ownership of its facilities to the City. If the person proceeds under
this Section, the City may, at its option purchase the equipment,
require the person, at its own expense, to remove it, or require the
person to post a bond in an amount sufficient to reimburse the City
for reasonable anticipated costs to be incurred to remove the facilities.

Facilities of a person who fails to comply with this Section, and
whose facilities remain unused for two (2) years, shall be deemed
to be abandoned after the City has made a good faith effort to contact
the person, unless the City receives confirmation that the person
intends to use the facilities.

Abandoned facilities are deemed to be a nuisance. The City may exercise
any remedies or rights it has at law or in equity, including, but
not limited to: (a) abating the nuisance, (b) taking possession and
ownership of the facility and restoring it to a useable function,
or (c) requiring the removal of the facility by the person.

A failure to complete excavation or work by the date specified
in the rights-of-way permit, unless a rights-of-way permit extension
is obtained or unless the failure to complete the excavation or work
is due to reasons beyond the ROW-user's control;

A failure to correct, within the time specified by the City,
excavation or work that does not conform to applicable national safety
codes, industry construction standards, or applicable City Code provisions
or safety codes that are no more stringent than national safety codes
or provisions, upon inspection and notification by the City of the
faulty condition. If a rights-of-way permit is revoked, the ROW-user
shall also reimburse the City for the City's reasonable costs,
including administrative costs, restoration costs and the costs of
collection and reasonable attorneys' fees incurred in connection
with such revocation.

Unless otherwise provided herein or by any other governing ordinance
or law, any person aggrieved by a decision, fee or requirement established
or made pursuant to this Chapter shall, prior to seeking any judicial
or statutory relief, if any, file a written appeal of any such decision,
fee or requirement with the Board of Aldermen within fifteen (15)
days of such decision or imposition of such fee or requirement, specifying
this provision and including specific details of the alleged claim
or grievance, and an evidentiary hearing shall be held on such appeal
by the Board of Aldermen or its designee to render a final decision.
Nothing herein shall deny or preclude any additional applicable appeal
remedy that may be granted by Federal or State law after such final
decision.

In addition to any other penalties and remedies for violations
that may exist in law or equity, any person that violates any provision
of this Chapter shall be deemed to have committed an offense punishable
as provided for City Code violations.